3 Physical Abuse“Knowingly inflicts cruel and inhuman punishment upon a child”BUT “discipline including spanking, administered in a reasonable manner, shall not be construed to be abuse” RS Mo

4 Sexual AbuseFondling a child's genitals, intercourse, incest, rape, sodomy, exhibitionism, and commercial exploitation through prostitution or the production of pornographic materials.Primary issues are ones of proof

5 Emotional AbuseActs or omissions by the parents or other caregivers that have caused, or could cause, serious behavioral, cognitive, emotional, or mental disorders.Line-drawing and causation are primary issues

6 Neglect: Physical NeglectRefusal of, or delay in, seeking health care;Abandonment; expulsion from the home or refusal to allow a runaway to return home; andInadequate supervision.

7 Educational Neglect allowance of chronic truancy,failure to enroll a child of mandatory school age in school, andfailure to attend to a special educational need.

8 Emotional neglectmarked inattention to the child's needs for affection;refusal of or failure to provide needed psychological care;spouse abuse in the child's presence; andpermission of drug or alcohol use by the child.

23 Neglect: failure to provideproper or necessary support,education as required by law,nutrition or medical, surgical orany other care necessary for well beingby those responsible for the care, custody, and control of the child

24 R.S.Mo Abuse“any physical injury, sexual abuse, or emotional abuse inflicted on a child other than by accidental means by those responsible for the child’s care, custody and control”“discipline including spanking, administered in a reasonable manner, shall not be construed to be abuse.”

25 What is Reasonable Discipline?Raboin v. North Dakota Department of Human ServicesShould the United States sign the Convention on the Rights of the Child?

28 Should everyone be a mandated reporter?Mo. SB This act would provide that any person who has reasonable cause to suspect child abuse shall be required to immediately report the suspected abuse to the division. This act also adds an enhanced penalty for failing to report child abuse from a Class A misdemeanor to a Class D felony when the child at issue dies as a result of the abuse or neglect.

29 How does the legal system respond?Criminal ProsecutionPrivate Civil ActionsJuvenile/Family Court Intervention

32 Termination of Parental Rights - ProcedureJuvenile Officer Investigates and files or gives notice of intent not to file petitionFamily Court may order Juvenile officer to file

33 Due Process in TPR CasesThe standard of proof in all termination of parental rights cases is by clear, cogent and convincing(See Santosky v. Kramer for analysis)Parents have right to counsel by statute but not necessarily under constitution (See Lassiter)

34 Termination by ConsentWritten, witnessed parental consent, reviewed and approved by judgeJudge determines that termination is in the best interests of the childMay also occur through an adoption petition

35 Mandatory Filing for Involuntary TerminationFoster care for 15 of past 22 monthsAbandoned infantCertain criminal acts by a parent (e.g.,murder or felony assault with serious injury of another child)

36 Common reasons for foster careParent is incarceratedParent has a substance abuse problem; or

37 Exceptions A compelling reason that filing would not be in BIC; orThe child is being cared for by a relative;The family has not been provided sufficient reunification servicesParent has a mental condition which impairs his or her ability to adequately provide for the child

41 Failure to RectifyThe terms of the social service plan and the extent of progress in complianceAgency assistance to parentParent’s a mental conditionParent’s chemical dependency

42 Parental “Unfitness”a consistent pattern of committing child abuse or drug abuse before the child; orparental rights were involuntarily terminated within three years immediately prior to the requested termination with regard to the current child.

43 BIC the child’s emotional ties to the parentThe parent’s interest, commitment, contact and support of childPossibility of reunification in ascertainable time with more servicesLength of incarcerationdeliberate harmful acts of parent or another with parent’s knowledge

44 Sexual Abuse Most abusers are related or live in the homeUnlike physical abuse, not spontaneous, but seductionPerpetrator often convinces himself that child wants to participatePerpetrators threaten child to remain quiet